United States Court of Federal Claims, 2019

Keller v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided June 12, 2019 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 18-0680V

Filed: April 5, 2019

UNPUBLISHED

CECELIA KELLER,

Petitioner, Special Processing Unit (SPU); v. Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine; SECRETARY OF HEALTH Shoulder Injury Related to Vaccine AND HUMAN SERVICES, Administration (SIRVA)

Respondent.

John Caldwell, Maglio Christopher & Toale, PA, Sarasota, FL, for petitioner. Ashley Monique Simpson, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On May 14, 2018, Cecelia Keller (“petitioner”) filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine Act”). Petitioner alleges that she received an influenza (“flu”) vaccine on November 14, 2016, and thereafter suffered a shoulder injury related to vaccine administration (“SIRVA”). Petition at 1-3. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On April 4, 2019, respondent filed his Rule 4(c) report in which he concedes that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, respondent states that petitioner’s injury is “consistent with SIRVA; that a preponderance of evidence establishes that her SIRVA was caused-in-fact by the flu vaccination she received on November 14, 2016; and that no other causes for petitioner’s SIRVA were identified. See 42 U.S.C. § 300aa-13(a)(1)(B).” Id. at 4. Respondent further agrees that “the statutory six-month sequela requirement has been satisfied.” Id.

In view of respondent’s position and the evidence of record, the undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED. s/Nora Beth Dorsey Nora Beth Dorsey Chief Special Master

1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits within this definition, the undersigned will redact such material from public access. Because this unpublished ruling contains a reasoned explanation for the action in this case, undersigned is required to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).

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